NRS 433.5486 Use
of physical, mechanical or chemical restraint on consumer by facility
authorized in certain circumstances.

NRS 433.549 Use
of physical, mechanical or chemical restraint on consumer by person employed by
facility prohibited; exceptions.

NRS 433.5493 Use
of physical restraint on consumer; requirements; exceptions; report as denial
of rights.

NRS 433.5496 Use
of mechanical restraint on consumer other than consumer of forensic facility;
requirements; exceptions; report as denial of rights.

NRS 433.5499 Use
of mechanical restraint on consumer of forensic facility; requirements;
exceptions; report as denial of rights.

NRS 433.5503 Use
of chemical restraint on consumer; requirements; report as denial of rights.

NRS 433.5506 Facility
required to develop program of education in positive behavioral interventions
and supports; facility required to train certain members of staff to use
physical, mechanical and chemical restraint.

NRS 433.551 Facility
required to report violations to Division and to develop corrective plan;
Division required to forward corrective plan to Director of Department; power
of Department to withhold funding.

UNLAWFUL ACTS

NRS 433.554 Abuse
of consumer; failure to report abuse; possession or use of intoxicating
beverage or controlled substance; transaction with consumer; aiding escape of
consumer; penalties.

NRS 433.801 Return
of prescription drug to dispensing pharmacy for reissuance or transfer of drug;
reissuance or transfer of drug by dispensing pharmacy; regulations.

_________

_________

DECLARATION OF INTENT FOR CHAPTERS 433 TO 433C, INCLUSIVE,
OF NRS

NRS 433.003Declaration of legislative intent.The
Legislature hereby declares that it is the intent of chapters
433 to 433C, inclusive, of NRS:

1. To eliminate the forfeiture of any
civil and legal rights of any person and the imposition of any legal disability
on any person, based on an allegation of mental illness, by any method other
than a separate judicial proceeding resulting in a determination of
incompetency, wherein the civil and legal rights forfeited and the legal
disabilities imposed are specifically stated; and

2. To charge the Division of Public and
Behavioral Health, and the Division of Child and Family Services, of the
Department with recognizing their duty to act in the best interests of their
respective consumers by placing them in the least restrictive environment.

NRS 433.005Definitions.As
used in chapters 433 to 433C,
inclusive, of NRS, unless the context otherwise requires, or except as otherwise
defined by specific statute, the words and terms defined in NRS 433.014 to 433.227,
inclusive, have the meanings ascribed to them in those sections.

NRS 433.014“Administrative officer” defined.“Administrative
officer” means a person with overall executive and administrative
responsibility for those state or nonstate mental health centers designated by
the Administrator.

1. Is listed in the most recent edition of
the clinical manual of the International Classification of Diseases,
ICD-9-CM, code range 295 to 302.9, inclusive, 306 to 309.9, inclusive, or
311 to 316, inclusive, or the corresponding code in the most recent edition of
the American Psychiatric Association’s Diagnostic and Statistical Manual of
Mental Disorders, DSM-IV, Axis I; and

2. Seriously limits the capacity of a
person to function in the primary aspects of daily living, including, without
limitation, personal relations, living arrangements, employment and recreation.

(b) Any other condition, other than mental
illness, found to be closely related to an intellectual disability because the
condition results in impairment of general intellectual functioning or adaptive
behavior similar to that of a person with an intellectual disability and
requires treatment or services similar to those required by a person with an
intellectual disability;

2. Is manifested before the person
affected attains the age of 22 years;

3. Is likely to continue indefinitely; and

4. Results in substantial functional
limitations in three or more of the following areas of major life activity:

NRS 433.224“Treatment” defined.“Treatment”
means any combination of procedures or activities, of whatever level of
intensity and whatever duration, ranging from occasional counseling sessions to
full-time admission to a residential facility.

(Added to NRS by 1975, 1592)

NRS 433.227 “Treatment to competency” defined.“Treatment
to competency” means treatment provided to a person who is a defendant in a
criminal action or proceeding to attempt to cause the person to attain
competency to stand trial or receive pronouncement of judgment.

NRS 433.234Administration of facilities of Division.The provisions of chapters
433 to 433C, inclusive, of NRS
pertaining to division facilities must be administered by the respective
administrative officers of the division facilities, subject to administrative
supervision by the Administrator.

1. The Administrator must be selected on
the basis of his or her education, training, experience, leadership qualities,
demonstrated abilities and interest in the field of behavioral health or public
health.

1. The Administrator serves at the
pleasure of the Director of the Department and shall:

(a) Serve as the Executive Officer of the
Division;

(b) Administer the Division in accordance with
the policies established by the Commission;

(c) Make an annual report to the Director of the
Department on the condition and operation of the Division, and such other reports
as the Director may prescribe; and

(d) Employ, within the limits of available money,
the assistants and employees necessary to the efficient operation of the
Division.

2. The Administrator may:

(a) Appoint the administrative personnel
necessary to operate the programs of the Division.

(b) Delegate to the administrative officers the
power to appoint medical, technical, clerical and operational staff necessary
for the operation of the facilities of the Division.

3. If the Administrator finds that it is
necessary or desirable that any employee reside at a facility operated by the
Division or receive meals at such a facility, perquisites granted or charges
for services rendered to that person are at the discretion of the Director of
the Department.

4. The Administrator may accept persons
referred to the Division for treatment pursuant to the provisions of NRS 458.290 to 458.350, inclusive.

1. The Administrator may delegate to any
officer, deputy or employee of the Division the exercise or discharge in the
name of the Administrator of any power, duty or function vested in or imposed
upon the Administrator.

2. The official act of any such person
acting in the name of the Administrator and by his or her authority shall be
deemed an official act of the Administrator.

NRS 433.262Medical director responsible to Chief Medical Officer.The medical director or other person in charge
of any division facility or any other facility or center established pursuant
to chapters 433 to 433C,
inclusive, of NRS:

1. Is subject to the oversight of the
Chief Medical Officer; and

2. Shall report to the Chief Medical
Officer any information concerning the facility or center upon the request of
the Chief Medical Officer.

1. Physicians shall be employed within the
various division facilities as are necessary for the operation of the
facilities. They shall hold degrees of doctor of medicine or doctor of
osteopathic medicine from accredited medical schools and they shall be licensed
to practice medicine or osteopathic medicine in Nevada as provided by law.

2. Except as otherwise provided by law,
their only compensation shall be annual salaries, fixed in accordance with the
pay plan adopted pursuant to the provisions of NRS 284.175.

3. The physicians shall perform such
duties pertaining to the care and treatment of consumers as may be required.

NRS 433.265Licensing or certification of certain employees of Division.Any person employed by the Division as a
psychiatrist, psychologist, marriage and family therapist, clinical
professional counselor, registered nurse or social worker must be licensed or
certified by the appropriate state licensing board for his or her respective
profession.

NRS 433.267Limitation on time for certification of psychiatrist employed by
Division.Any psychiatrist who is
employed by the Division must be certified by the American Board of Psychiatry
and Neurology within 5 years after the psychiatrist’s first date of employment
with the Division. The Administrator shall terminate the employment of any
psychiatrist who fails to receive such certification.

NRS 433.269Proficiency in English language required of certain employees.The Administrator shall not employ any
psychiatrist, psychologist, social worker or registered nurse who holds a
master’s degree in the field of psychiatric nursing who is unable to demonstrate
proficiency in the oral and written expression of the English language.

1. The Division shall carry out a
vocational and educational program for the certification of mental health
technicians, including forensic technicians:

(a) Employed by the Division, or other employees
of the Division who perform similar duties, but are classified differently.

(b) Employed by the Division of Child and Family
Services of the Department.

Ê The program
must be carried out in cooperation with the Nevada System of Higher Education.

2. A mental health technician is
responsible to the director of the service in which his or her duties are
performed. The director of a service may be a licensed physician, dentist,
podiatric physician, psychiatrist, psychologist, rehabilitation therapist,
social worker, registered nurse or other professionally qualified person. This
section does not authorize a mental health technician to perform duties which
require the specialized knowledge and skill of a professionally qualified
person.

3. The Division shall adopt regulations to
carry out the provisions of this section.

4. As used in this section, “mental health
technician” means an employee of the Division of Public and Behavioral Services
or the Division of Child and Family Services who, for compensation or personal
profit, carries out procedures and techniques which involve cause and effect
and which are used in the care, treatment and rehabilitation of persons with
mental illness and persons who are emotionally disturbed, and who has direct responsibility
for:

(a) Administering or carrying out specific
therapeutic procedures, techniques or treatments, excluding medical
interventions, to enable consumers to make optimal use of their therapeutic
regime, their social and personal resources, and their residential care; or

(b) The application of interpersonal and
technical skills in the observation and recognition of symptoms and reactions
of consumers, for the accurate recording of such symptoms and reactions, and
for carrying out treatments authorized by members of the interdisciplinary team
that determines the treatment of the consumers.

1. Establish policies to ensure adequate
development and administration of services for persons with mental illness,
persons with intellectual disabilities and persons with related conditions,
persons with substance use disorders or persons with co-occurring disorders,
including services to prevent mental illness, intellectual disabilities and
related conditions, substance use disorders and co-occurring disorders, and
services provided without admission to a facility or institution;

2. Set policies for the care and treatment
of persons with mental illness, persons with intellectual disabilities and
persons with related conditions, persons with substance use disorders or
persons with co-occurring disorders provided by all state agencies;

3. Review the programs and finances of the
Division; and

4. Report at the beginning of each year to
the Governor and at the beginning of each odd-numbered year to the Legislature
on the quality of the care and treatment provided for persons with mental
illness, persons with intellectual disabilities and persons with related
conditions, persons with substance use disorders or persons with co-occurring
disorders in this State and on any progress made toward improving the quality
of that care and treatment.

3. Review findings of investigations of
complaints about the care of any person in a public facility for the treatment
of persons with mental illness, persons with intellectual disabilities and
persons with related conditions, persons with substance use disorders or
persons with co-occurring disorders.

4. Accept, as authorized by the
Legislature, gifts and grants of money and property.

5. Take appropriate steps to increase the
availability of and to enhance the quality of the care and treatment of persons
with mental illness, persons with intellectual disabilities and persons with
related conditions, persons with substance use disorders or persons with
co-occurring disorders provided through private nonprofit organizations,
governmental entities, hospitals and clinics.

6. Promote programs for the treatment of
persons with mental illness, persons with intellectual disabilities and persons
with related conditions, persons with substance use disorders or persons with
co-occurring disorders and participate in and promote the development of
facilities for training persons to provide services for persons with mental
illness, persons with intellectual disabilities and persons with related
conditions, persons with substance use disorders or persons with co-occurring
disorders.

7. Create a plan to coordinate the
services for the treatment of persons with mental illness, persons with
intellectual disabilities and persons with related conditions, persons with
substance use disorders or persons with co-occurring disorders provided in this
State and to provide continuity in the care and treatment provided.

8. Establish and maintain an appropriate
program which provides information to the general public concerning mental
illness, intellectual disabilities and related conditions, substance use
disorders and co-occurring disorders and consider ways to involve the general
public in the decisions concerning the policy on mental illness, intellectual
disabilities and related conditions, substance use disorders and co-occurring
disorders.

9. Compile statistics on mental illness
and study the cause, pathology and prevention of that illness.

10. Establish programs to prevent or
postpone the commitment of residents of this State to facilities for the
treatment of persons with mental illness, persons with intellectual
disabilities and persons with related conditions, persons with substance use
disorders or persons with co-occurring disorders.

11. Evaluate the future needs of this
State concerning the treatment of mental illness, intellectual disabilities and
related conditions, substance use disorders and co-occurring disorders and
develop ways to improve the treatment already provided.

12. Take any other action necessary to
promote mental health in this State.

NRS 433.317Appointment of subcommittee on the mental health of children;
duties; compensation to extent of available funding.

1. The Commission shall appoint a
subcommittee on the mental health of children to review the findings and
recommendations of each mental health consortium submitted pursuant to NRS 433B.335 and to create a statewide
plan for the provision of mental health services to children.

2. The members of the subcommittee
appointed pursuant to this section serve at the pleasure of the Commission. The
members serve without compensation, except that each member is entitled, while
engaged in the business of the subcommittee, to the per diem allowance and
travel expenses provided for state officers and employees generally if funding
is available for this purpose.

NRS 433.318Appointment of subcommittee or advisory committee; member
qualifications; duties; compensation to extent of available funding.

1. The Commission may appoint a
subcommittee or an advisory committee composed of members who have experience
and knowledge of matters relating to persons with mental illness, persons with
intellectual disabilities and persons with related conditions, persons with
substance use disorders or persons with co-occurring disorders and who, to the
extent practicable, represent the ethnic and geographic diversity of this
State.

2. A subcommittee or advisory committee
appointed pursuant to this section shall consider specific issues and advise
the Commission on matters related to the duties of the Commission.

3. The members of a subcommittee or
advisory committee appointed pursuant to this section serve at the pleasure of
the Commission. The members serve without compensation, except that each member
is entitled, while engaged in the business of the subcommittee or advisory
committee, to the per diem allowance and travel expenses provided for state
officers and employees generally if funding is available for this purpose.

(a) For the care and treatment of persons with
mental illness, persons with substance use disorders or persons with
co-occurring disorders by all state agencies and facilities, and their referral
to private facilities;

(b) To ensure continuity in the care and
treatment provided to persons with mental illness, persons with substance use
disorders or persons with co-occurring disorders in this State; and

(c) Necessary for the proper and efficient
operation of the facilities of the Division.

2. The State Board of Health may adopt
regulations to promote programs relating to mental health, substance use
disorders and co-occurring disorders.

NRS 433.325Inspection of facility.The
Commission or its designated agent may inspect any state facility providing
services for persons with mental illness, persons with intellectual
disabilities and persons with related conditions, persons with substance use
disorders or persons with co-occurring disorders to determine if the facility
is in compliance with the provisions of this title and any regulations adopted
pursuant thereto.

NRS 433.327Right of certain employees of Department to submit information
or requests to Commission or appear before Commission.Every
employee of the Division, and every person employed by the Division of Child
and Family Services of the Department pursuant to chapter 433B of NRS is entitled to submit
written information or requests directly to the Commission or its individual
members, or appear before it with its permission, but the Commission shall not
interfere with the procedures for resolving the grievances of employees in the
classified service of the State.

1. To define the term “consumer” for the
purposes of chapters 433 to 433C, inclusive, of NRS.

2. To specify the circumstances under
which a consumer is eligible to receive services from the Division pursuant to chapters 433 to 433C,
inclusive, of NRS, including, but not limited to, care, treatment, treatment to
competency and training. Regulations adopted pursuant to this subsection must
specify that a consumer is eligible to receive services only if the consumer:

(a) Has a documented diagnosis of a mental
disorder based on the most recent edition of the Diagnostic and Statistical
Manual of Mental Disorders published by the American Psychiatric
Association; and

(b) Except as otherwise provided in the
regulations adopted pursuant to subsection 3, is not eligible to receive
services through another public or private entity.

3. To specify the circumstances under
which the provisions of paragraph (b) of subsection 2 do not apply, including,
without limitation, when the copay or other payment required to obtain services
through another public or private entity is prohibitively high.

4. To establish policies and procedures
for the referral of each consumer who needs services that the Division is
unable to provide to the most appropriate organization or resource who is able
to provide the needed services to that consumer.

1. If a patient in a division facility is
transferred to another division facility or to a medical facility, a facility
for the dependent or a physician licensed to practice medicine, the division
facility shall forward a copy of the medical records of the patient, on or
before the date the patient is transferred, to the facility or physician.
Except as otherwise required by 42 U.S.C. §§ 290dd, 290dd-1 or 290dd-2 or NRS 439.538 or 439.591, the division facility is not
required to obtain the oral or written consent of the patient to forward a copy
of the medical records.

2. As used in this section, “medical
records” includes a medical history of the patient, a summary of the current
physical condition of the patient and a discharge summary which contains the
information necessary for the proper treatment of the patient.

NRS 433.334Contract with general hospital or other institution for care of
consumers.The Division may, by
contract with general hospitals or other institutions having adequate
facilities in the State of Nevada, provide for inpatient care of consumers with
mental illness.

NRS 433.344Contracts with persons professionally qualified in field of
psychiatric mental health for care of persons.The
Division may contract with appropriate persons professionally qualified in the
field of psychiatric mental health to provide inpatient and outpatient care for
persons with mental illness when it appears that they can be treated best in
that manner.

NRS 433.354Contracts for cooperation with governmental entities and others;
effect of payments to Division for such cooperation; immunity from and
limitations on liability not waived.

1. For the purposes of chapters
433 to 433C, inclusive, of NRS, the
Department through the Division may cooperate, financially or otherwise, and
execute contracts or agreements with the Federal Government, any federal
department or agency, any other state department or agency, a county, a city, a
public district or any political subdivision of this state, a public or private
corporation, an individual or a group of individuals. Such contracts or
agreements may include provisions whereby the Division will provide staff,
services or other resources, or any combination thereof, without payment, to
further the purposes of the contract or agreement. If the contract or agreement
includes a provision whereby the Division is paid for the provision of staff,
services or other resources, the payment will be reimbursed directly to the
Division’s budget. Cooperation pursuant to this section does not of itself
relieve any person, department, agency or political subdivision of any
responsibility or liability existing under any provision of law.

2. If the Administrator or the
Administrator’s designee enters into a contract or agreement pursuant to
subsection 1 with a private nonprofit corporation, the contract or agreement
may allow:

(a) The Division to enter and inspect any
premises that are related to services provided under the contract or agreement
and to inspect any records that are related to services provided under the
contract or agreement to ensure the welfare of any consumer served by the
private nonprofit corporation under the contract or agreement;

(b) The Division and the private nonprofit
corporation to share confidential information concerning any consumer served by
the private nonprofit corporation under the contract or agreement; and

(c) The private nonprofit corporation to assign
rights and obligations of the private nonprofit corporation under the contract
or agreement to the Division.

3. The State, Department and Division do
not waive any immunity from liability or limitation on liability provided by
law by entering into a contract or agreement pursuant to this section and any
such contract or agreement must include a provision to that effect.

NRS 433.364Involuntary court-ordered admission to private institution not
precluded.Nothing in chapters 433 to 433C,
inclusive, of NRS precludes the involuntary court-ordered admission of a person
with mental illness to a private institution where such admission is authorized
by law.

NRS 433.374State not responsible for payment of costs of care and treatment
at other facility; exceptions.The
State is not responsible for payment of the costs of care and treatment of
persons admitted to a facility not operated by the Division except as otherwise
provided in NRS 433B.230 or where,
before admission, the Administrator or the Administrator’s designee authorizes
the expenditure of state money for such purpose.

NRS 433.384Legislative appropriations; payment of claims.Money to carry out the provisions of chapters 433 to 433C,
inclusive, of NRS must be provided by legislative appropriation from the State
General Fund, and paid out on claims as other claims against the State are
paid. All claims relating to a division facility individually must be approved
by the administrative officer of such facility before they are paid.

NRS 433.395Acceptance by Administrator of donations, gifts and grants for
disbursement to certain programs; contract for services for evaluation and
recommendation of recipients for disbursements.

1. Upon approval of the Director of the
Department, the Administrator may accept:

(a) Donations of money and gifts of real or
personal property; and

(b) Grants of money from the Federal Government,

Ê for use in
public or private programs that provide services to persons in this State with
mental illness.

2. The Administrator shall disburse any
donations, gifts and grants received pursuant to this section to programs that
provide services to persons with mental illness in a manner that supports the
plan to coordinate services created by the Commission pursuant to subsection 7
of NRS 433.316. In the absence of a plan to
coordinate services, the Administrator shall make disbursements to programs
that will maximize the benefit provided to persons with mental illness in
consideration of the nature and value of the donation, gift or grant.

3. Within limits of legislative
appropriations or other available money, the Administrator may enter into a
contract for services related to the evaluation and recommendation of
recipients for the disbursements required by this section.

NRS 433.404Schedule of fees for services rendered through programs
supported by State; disposition of receipts; amount of fee for services of
facility.

1. The Division shall establish a fee
schedule for services rendered through any program supported by the State
pursuant to the provisions of chapters 433 to 433C, inclusive, of NRS. The schedule must be
submitted to the Commission and the Director of the Department for joint
approval before enforcement. The fees collected by facilities operated by the
Division pursuant to this schedule must be deposited in the State Treasury to
the credit of the State General Fund, except as otherwise provided in NRS 433.354 for fees collected pursuant to contract or
agreement.

2. For a facility providing services for
the treatment of persons with mental illness, the fee established must
approximate the cost of providing the service, but if a consumer is unable to
pay in full the fee established pursuant to this section, the Division may
collect any amount the consumer is able to pay.

NRS 433.414Fees of physicians and other professionally qualified employees
of facility.

1. Physicians and other professional staff
employed within any division facility shall receive a reasonable fee for
evaluations, examinations or court testimony when directed by the court to
perform such services, singularly or as a member of an evaluation team
established pursuant to the provisions of chapter
433A of NRS.

2. If such evaluation or testimony is
provided while the physician or other professional person is acting as an
employee of a division facility, the fee shall be received by the division
facility at which he or she is employed.

(Added to NRS by 1975, 1595)

NRS 433.424Mental health center revolving accounts.A mental health center revolving account up to
the amount of $5,000 is hereby created for each division mental health center,
and may be used for the payment of mental health center bills requiring
immediate payment and for no other purposes. The respective administrative
officers shall deposit the money for the respective revolving accounts in one
or more banks or credit unions of reputable standing. Payments made from each
account must be promptly reimbursed from appropriated money of the respective
mental health centers on claims as other claims against the State are paid.

1. For the purpose of facilitating the
return of nonresident consumers to the state in which they have legal
residence, the Administrator may enter into reciprocal agreements, consistent
with the provisions of chapters 433 to 433C, inclusive, of NRS, with the proper
boards, commissioners or officers of other states for the mutual exchange of
consumers confined in, admitted or committed to a mental health facility in one
state whose legal residence is in the other, and may give written permission
for the return and admission to a division facility of any resident of this
state when such permission is conformable to the provisions of chapters
433 to 433C, inclusive, of NRS
governing admissions to a division facility.

2. The county clerk and board of county
commissioners of each county, upon receiving notice from the Administrator that
an application for the return of an alleged resident of this state has been
received, shall promptly investigate and report to the Administrator their
findings as to the legal residence of the consumer.

1. All expenses incurred for the purpose
of returning a consumer to the state in which the consumer has legal residence
shall be paid from the moneys of the consumer or by the relatives or other
persons responsible for the consumer’s care and treatment under his or her
commitment or admission.

2. In the case of indigent consumers whose
relatives cannot pay the costs and expenses of returning such consumers to the
state in which they have residence, the costs may be assumed by the State.
These costs shall be advanced from moneys appropriated for the general support
of the division facility wherein the consumer was receiving care, treatment or
training, if such consumer was committed to a division facility at the time of
the transfer, and shall be paid out on claims as other claims against the State
are paid.

NRS 433.456Definitions.As
used in NRS 433.456 to 433.536,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 433.458, 433.461
and 433.462 have the meanings ascribed to them in
those sections.

NRS 433.458“Administrative officer” defined.“Administrative
officer” means a person with overall executive and administrative
responsibility for a facility that provides services relating to mental health
and that is operated by any public or private entity.

NRS 433.464Right to habeas corpus unimpaired.The
provisions of chapters 433 to 433C, inclusive, of NRS do not limit the right
of any person detained hereunder to a writ of habeas corpus upon a proper
application made at any time by such person or any other person on his or her
behalf.

1. Each consumer admitted for evaluation,
treatment or training to a facility has the following rights concerning
admission to the facility, a list of which must be prominently posted in all
facilities providing those services and must be otherwise brought to the
attention of the consumer by such additional means as prescribed by regulation:

(a) The right not to be admitted to the facility
under false pretenses or as a result of any improper, unethical or unlawful
conduct by a staff member of the facility to collect money from the insurance
company of the consumer or for any other financial purpose.

(b) The right to receive a copy, on request, of
the criteria upon which the facility makes its decision to admit or discharge a
consumer from the facility. Such criteria must not, for emergency admissions or
involuntary court-ordered admissions, be based on the availability of insurance
coverage or any other financial considerations.

2. As used in this section, “improper
conduct” means a violation of the rules, policies or procedures of the
facility.

1. Each consumer admitted for evaluation,
treatment or training to a facility has the following rights concerning
involuntary commitment to the facility, a list of which must be prominently
posted in all facilities providing those services and must be otherwise brought
to the attention of the consumer by such additional means as prescribed by
regulation:

(a) To request and receive a second evaluation by
a psychiatrist or psychologist who does not have a contractual relationship
with or financial interest in the facility. The evaluation must:

(1) Include, without limitation, a
recommendation of whether the consumer should be involuntarily committed to the
facility; and

(2) Be paid for by the consumer if the
insurance carrier of the consumer refuses to pay for the evaluation.

(b) To receive a copy of the procedure of the
facility regarding involuntary commitment and treatment.

(c) To receive a list of the consumer’s rights
concerning involuntary commitment or treatment.

2. If the results of an evaluation
conducted by a psychiatrist or psychologist pursuant to subsection 1 conflict
in any manner with the results of an evaluation conducted by the facility, the
facility may request and receive a third evaluation of the consumer to resolve
the conflicting portions of the previous evaluations.

NRS 433.482Personal rights.Each
consumer admitted for evaluation, treatment or training to a facility has the
following personal rights, a list of which must be prominently posted in all
facilities providing those services and must be otherwise brought to the
attention of the consumer by such additional means as prescribed by regulation:

1. To wear the consumer’s own clothing, to
keep and use his or her own personal possessions, including toilet articles,
unless those articles may be used to endanger the consumer’s life or others’
lives, and to keep and be allowed to spend a reasonable sum of the consumer’s
own money for expenses and small purchases.

2. To have access to individual space for
storage for his or her private use.

3. To see visitors each day.

4. To have reasonable access to
telephones, both to make and receive confidential calls.

5. To have ready access to materials for
writing letters, including stamps, and to mail and receive unopened
correspondence, but:

(a) For the purposes of this subsection, packages
are not considered as correspondence; and

(b) Correspondence identified as containing a
check payable to a consumer may be subject to control and safekeeping by the
administrative officer of that facility or the administrative officer’s
designee, so long as the consumer’s record of treatment documents the action.

6. To have reasonable access to an
interpreter if the consumer does not speak English or is hearing impaired.

7. To designate a person who must be kept
informed by the facility of the consumer’s medical and mental condition, if the
consumer signs a release allowing the facility to provide such information to
the person.

8. Except as otherwise provided in NRS 439.538, to have access to the
consumer’s medical records denied to any person other than:

(a) A member of the staff of the facility or
related medical personnel, as appropriate;

(b) A person who obtains a waiver by the consumer
of his or her right to keep the medical records confidential; or

(c) A person who obtains a court order
authorizing the access.

9. Other personal rights as specified by
regulation of the Commission.

NRS 433.484Rights concerning care, treatment and training.Each consumer admitted for evaluation,
treatment or training to a facility has the following rights concerning care,
treatment and training, a list of which must be prominently posted in all
facilities providing those services and must be otherwise brought to the
attention of the consumer by such additional means as prescribed by regulation:

1. To medical, psychosocial and
rehabilitative care, treatment and training including prompt and appropriate
medical treatment and care for physical and mental ailments and for the
prevention of any illness or disability. All of that care, treatment and
training must be consistent with standards of practice of the respective
professions in the community and is subject to the following conditions:

(a) Before instituting a plan of care, treatment
or training or carrying out any necessary surgical procedure, express and
informed consent must be obtained in writing from:

(1) The consumer if he or she is 18 years
of age or over or legally emancipated and competent to give that consent, and
from the consumer’s legal guardian, if any;

(2) The parent or guardian of a consumer
under 18 years of age and not legally emancipated; or

(3) The legal guardian of a consumer of
any age who has been adjudicated mentally incompetent;

(b) An informed consent requires that the person
whose consent is sought be adequately informed as to:

(1) The nature and consequences of the
procedure;

(2) The reasonable risks, benefits and
purposes of the procedure; and

(3) Alternative procedures available;

(c) The consent of a consumer as provided in
paragraph (b) may be withdrawn by the consumer in writing at any time with or
without cause;

(d) Even in the absence of express and informed
consent, a licensed and qualified physician may render emergency medical care
or treatment to any consumer who has been injured in an accident or who is
suffering from an acute illness, disease or condition, if within a reasonable
degree of medical certainty, delay in the initiation of emergency medical care
or treatment would endanger the health of the consumer and if the treatment is
immediately entered into the consumer’s record of treatment, subject to the
provisions of paragraph (e); and

(e) If the proposed emergency medical care or
treatment is deemed by the chief medical officer of the facility to be unusual,
experimental or generally occurring infrequently in routine medical practice,
the chief medical officer shall request consultation from other physicians or
practitioners of healing arts who have knowledge of the proposed care or
treatment.

2. To be free from abuse, neglect and
aversive intervention.

3. To consent to the consumer’s transfer
from one facility to another, except that the Administrator of the Division of
Public and Behavioral Health of the Department or the Administrator’s designee,
or the Administrator of the Division of Child and Family Services of the
Department or the Administrator’s designee, may order a transfer to be made
whenever conditions concerning care, treatment or training warrant it. If the
consumer in any manner objects to the transfer, the person ordering it must
enter the objection and a written justification of the transfer in the
consumer’s record of treatment and immediately forward a notice of the
objection to the Administrator who ordered the transfer, and the Commission
shall review the transfer pursuant to subsection 3 of NRS
433.534.

4. Other rights concerning care, treatment
and training as may be specified by regulation of the Commission.

1. An individualized written plan of
mental health services must be developed for each consumer of each facility.
The plan must:

(a) Provide for the least restrictive treatment
procedure that may reasonably be expected to benefit the consumer; and

(b) Be developed with the input and participation
of:

(1) The consumer, to the extent that he or
she is able to provide input and participate; and

(2) To the extent that the consumer is
unable to provide input and participate, the parent or guardian of the consumer
if the consumer is under 18 years of age and is not legally emancipated, or the
legal guardian of a consumer who has been adjudicated mentally incompetent.

2. The plan must be kept current and must
be modified, with the input and participation of the consumer, the parent or
guardian of the consumer or the legal guardian of the consumer, as appropriate,
when indicated. The plan must be thoroughly reviewed at least once every 3
months.

3. The person in charge of implementing
the plan of services must be designated in the plan.

1. Each facility shall make all of its
decisions, policies, procedures and practices regarding emergency admissions or
involuntary court-ordered admissions based upon clinical efficiency rather than
cost containment.

2. This section does not preclude a public
facility from making decisions, policies, procedures and practices within the
limits of the money made available to the facility.

(b) Informed of the consumer’s clinical status
and progress at reasonable intervals of no longer than 3 months in a manner
appropriate to his or her clinical condition.

2. Unless a psychiatrist has made a
specific entry to the contrary in a consumer’s records, a consumer or the
consumer’s legal guardian is entitled to obtain a copy of the consumer’s
records at any time upon notice to the administrative officer of the facility
and payment of the cost of reproducing the records.

1. A consumer may perform labor which
contributes to the operation and maintenance of the facility for which the
facility would otherwise employ someone only if:

(a) The consumer voluntarily agrees to perform
the labor;

(b) Engaging in the labor is not inconsistent
with and does not interfere with the plan of services for the consumer;

(c) The person responsible for the consumer’s
treatment agrees to the plan of labor; and

(d) The amount of time or effort necessary to
perform the labor is not excessive.

Ê In no event
may discharge or privileges be conditioned upon the performance of such labor.

2. A consumer who performs labor which
contributes to the operation and maintenance of the facility for which the
facility would otherwise employ someone must be adequately compensated and the
compensation must be in accordance with applicable state and federal labor
laws.

3. A consumer who performs labor other
than that described in subsection 2 must be compensated an adequate amount if
an economic benefit to another person or agency results from the consumer’s
labor.

4. The administrative officer of the
facility may provide for compensation of a resident when the resident performs
labor not governed by subsection 2 or 3.

5. This section does not apply to labor of
a personal housekeeping nature or to labor performed as a condition of
residence in a small group living arrangement.

6. One-half of any compensation paid to a
consumer pursuant to this section is exempt from collection or retention as
payment for services rendered by the Division of Public and Behavioral Health
of the Department or its facilities, or by the Division of Child and Family
Services of the Department or its facilities. Such an amount is also exempt
from levy, execution, attachment, garnishment or any other remedies provided by
law for the collection of debts.

NRS 433.531Rights concerning suspension or violation of rights.Each consumer admitted for evaluation,
treatment or training to a facility has the following rights concerning the
suspension or violation of his or her rights, a list of which must be
prominently posted in all facilities providing those services and must be
otherwise brought to the attention of the consumer by such additional means as
prescribed by regulation:

1. To receive a list of the consumer’s
rights.

2. To receive a copy of the policy of the
facility that sets forth the clinical or medical circumstances under which the
consumer’s rights may be suspended or violated.

3. To receive a list of the clinically
appropriate options available to the consumer or the consumer’s family to
remedy an actual or a suspected suspension or violation of his or her rights.

4. To have all policies of the facility
regarding the rights of consumers prominently posted in the facility.

NRS 433.533Document reflecting receipt of list of rights and explanation of
rights.Each facility shall,
within a reasonable time after a consumer is admitted to the facility for
evaluation, treatment or training, ask the consumer to sign a document that
reflects that the consumer has received a list of the consumer’s rights and has
had those rights explained to him or her.

1. The rights of a consumer enumerated in
this chapter must not be denied except to protect the consumer’s health and
safety or to protect the health and safety of others, or both. Any denial of
those rights in any facility must be entered in the consumer’s record of
treatment, and notice of the denial must be forwarded to the administrative
officer of the facility. Failure to report denial of rights by an employee may
be grounds for dismissal.

2. If the administrative officer of a
facility receives notice of a denial of rights as provided in subsection 1, the
officer shall cause a full report to be prepared which must set forth in detail
the factual circumstances surrounding the denial. Except as otherwise provided
in NRS 239.0115, such a report is
confidential and must not be disclosed. A copy of the report must be sent to
the Commission.

3. The Commission:

(a) Shall receive reports of and may investigate
apparent violations of the rights guaranteed by this chapter;

(b) May act to resolve disputes relating to
apparent violations;

(c) May act on behalf of consumers to obtain
remedies for any apparent violations; and

(d) Shall otherwise endeavor to safeguard the
rights guaranteed by this chapter.

4. Pursuant to NRS 241.030, the Commission may close any
portion of a meeting in which it considers the character, alleged misconduct or
professional competence of a person in relation to:

(a) The denial of the rights of a consumer; or

(b) The care and treatment of a consumer.

Ê The
provisions of this subsection do not require a meeting of the Commission to be
closed to the public.

1. There may be maintained as a trust fund
at each division facility a consumers’ personal deposit fund.

2. Money coming into the possession of the
administrative officer of a division facility which belongs to a consumer must
be credited in the fund in the name of that consumer.

3. When practicable, individual credits in
the fund must not exceed the sum of $300.

4. Any amounts to the credit of a consumer
may be used for purchasing personal necessities, for expenses of burial or may
be turned over to the consumer upon the consumer’s demand, except that when the
consumer is adjudicated mentally incompetent the guardian of the consumer’s
estate has the right to demand and receive the money.

5. An amount accepted for the benefit of a
consumer for a special purpose must be reserved for that purpose regardless of
the total amount to the credit of the consumer.

6. Except as otherwise provided in
subsection 7, the administrative officers shall deposit any money received for
the funds of their respective facilities in commercial accounts with one or
more banks or credit unions of reputable standing. When deposits in a
commercial account exceed $15,000, the administrative officer may deposit the
excess in a savings account paying interest in any reputable commercial bank,
or in any credit union or savings and loan association within this state that
is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The savings account must be
in the name of the fund. Interest paid on deposits in the savings account may
be used for recreational purposes at the division facility.

7. The administrative officers may
maintain at their respective division facilities petty cash of not more than
$400 of the money in the consumers’ personal deposit fund to enable consumers
to withdraw small sums from their accounts.

NRS 433.541Disposition of personal property of consumer upon death.Whenever any person admitted to a division
facility dies, the administrative officer shall send written notice to the
decedent’s legally appointed representative, listing the personal property
remaining in the custody or possession of the facility. If there is no demand
made upon the administrative officer of the facility by the decedent’s legally
appointed representative, all personal property of the decedent remaining in
the custody or possession of the administrative officer must be held by the
officer for a period of 1 year from the date of the decedent’s death for the
benefit of the heirs, legatees or successors of the decedent. At the end of
this period, another notice must be sent to the decedent’s representative, listing
the property and specifying the manner in which the property will be disposed
of if not claimed within 15 business days. After 15 business days, all personal
property and documents of the decedent, other than cash, remaining unclaimed in
the possession of the administrative officer must be disposed of as follows:

1. All documents must be filed by the
administrative officer with the public administrator of the county from which
the consumer was admitted.

2. All other personal property must be
sold at a public auction or by sealed bids. The proceeds of the sale must be
applied to the decedent’s unpaid balance for costs incurred at the division
facility.

NRS 433.542Disposition of unclaimed personal property of consumer worth
more than $100.If a person
admitted to a division facility is discharged or leaves and the person fails to
recover personal property worth more than $100 in the custody of the
administrative officer of the facility, the administrative officer shall notify
the former consumer or the consumer’s legal representative in writing that
personal property remains in the custody of the facility. The property must be
held in safekeeping for the consumer for a period of 1 year from the date of
discharge. If upon the expiration of the 1-year period no claim has been made
upon the administrative officer by the person or the person’s legal
representative, another notice must be sent to the person or the person’s legal
representative, stating the fact that personal property remains in the custody
of the facility, and specifying the manner in which the property will be disposed
of if not claimed within 15 business days. After 15 business days, the property
may be considered unclaimed property and be disposed of in the manner provided
for unclaimed property of deceased persons under the provisions of NRS 433.541.

NRS 433.543Disposition of unclaimed personal property of minimal value.If, upon the death or release of a person
admitted to a division facility, the value of unclaimed personal property in
the possession of the administrative officer of the facility is so minimal that
it cannot be sold at public auction or by sealed bid and if the property,
either in its present condition or in an improved condition, cannot be used by
the division facility, the administrative officer may order the personal
property destroyed.

(Added to NRS by 1979, 253)

Deaths and Burials

NRS 433.544Notification of death of consumer; burial.

1. Upon the death of a consumer, any known
relatives or friends of the consumer shall be notified immediately of the fact
of death.

2. The Administrator or the Administrator’s
designee shall cause a decent burial to be provided for the consumer outside
division facility grounds. The Administrator or the designee may enter into a
contract with any person or persons, including governmental agencies or other
instrumentalities, as the Administrator or the designee deems proper, for a
decent burial. Where there are known relatives, and they are financially able,
the cost of burial shall be borne by the relatives. Where there are no known
relatives, the cost of burial shall be a charge against the State of Nevada,
but the cost thereof shall not exceed the amount charged for the burial of
indigents in the county in which the burial takes place.

3. When a consumer has income from a
pension payable through a division facility, and has no guardian, the Division
may obligate operating funds for funeral expenses in the amount due under the
pension benefits.

NRS 433.545Definitions.As
used in NRS 433.545 to 433.551,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 433.5453 to 433.548,
inclusive, have the meanings ascribed to them in those sections.

NRS 433.5453“Aversive intervention” defined.“Aversive
intervention” means any of the following actions if the action is used to
punish a person with a disability or to eliminate, reduce or discourage
maladaptive behavior of a person with a disability:

1. The use of noxious odors and tastes;

2. The use of water and other mists or
sprays;

3. The use of blasts of air;

4. The use of corporal punishment;

5. The use of verbal and mental abuse;

6. The use of electric shock;

7. Requiring a person to perform exercise
under forced conditions if the:

(a) Person is required to perform the exercise
because the person exhibited a behavior that is related to his or her
disability;

(b) Exercise is harmful to the health of the
person because of his or her disability; or

(c) Nature of the person’s disability prevents
the person from engaging in the exercise;

8. Any intervention, technique or
procedure that deprives a person of the use of one or more of his or her
senses, regardless of the length of the deprivation, including, without
limitation, the use of sensory screens; or

9. The deprivation of necessities needed
to sustain the health of a person, regardless of the length of the deprivation,
including, without limitation, the denial or unreasonable delay in the
provision of:

NRS 433.5456“Chemical restraint” defined.“Chemical
restraint” means the administration of drugs for the specific and exclusive
purpose of controlling an acute or episodic aggressive behavior when
alternative intervention techniques have failed to limit or control the
behavior. The term does not include the administration of drugs on a regular
basis, as prescribed by a physician, to treat the symptoms of mental, physical,
emotional or behavioral disorders and for assisting a person in gaining
self-control over his or her impulses.

NRS 433.5466“Emergency” defined.“Emergency”
means a situation in which immediate intervention is necessary to protect the
physical safety of a person or others from an immediate threat of physical
injury or to protect against an immediate threat of severe property damage.

NRS 433.5483Use of aversive intervention on consumer prohibited.A person employed by a facility or any other
person shall not use any aversive intervention on a person with a disability
who is a consumer.

NRS 433.5486Use of physical, mechanical or chemical restraint on consumer by
facility authorized in certain circumstances.Notwithstanding
the provisions of NRS 433.549 to 433.5503, inclusive, to the contrary, a facility may
use or authorize the use of physical restraint, mechanical restraint or
chemical restraint on a person with a disability who is a consumer if the
facility is:

1. Accredited by a nationally recognized
accreditation association or agency; or

2. Certified for participation in the Medicaid
or Medicare Program,

Ê only to the
extent that the accreditation or certification allows the use of such
restraint.

1. Except as otherwise provided in
subsection 2, physical restraint may be used on a person with a disability who
is a consumer only if:

(a) An emergency exists that necessitates the use
of physical restraint;

(b) The physical restraint is used only for the
period that is necessary to contain the behavior of the consumer so that the
consumer is no longer an immediate threat of causing physical injury to himself
or herself or others or causing severe property damage; and

(c) The use of force in the application of
physical restraint does not exceed the force that is reasonable and necessary
under the circumstances precipitating the use of physical restraint.

2. Physical restraint may be used on a
person with a disability who is a consumer and the provisions of subsection 1
do not apply if the physical restraint is used to:

(a) Assist the consumer in completing a task or
response if the consumer does not resist the application of physical restraint
or if the consumer’s resistance is minimal in intensity and duration;

(b) Escort or carry a consumer to safety if the
consumer is in danger in his or her present location; or

(c) Conduct medical examinations or treatments on
the consumer that are necessary.

3. If physical restraint is used on a
person with a disability who is a consumer in an emergency, the use of the
procedure must be reported as a denial of rights pursuant to NRS 433.534 or 435.610,
as applicable, regardless of whether the use of the procedure is authorized by
statute. The report must be made not later than 1 working day after the
procedure is used.

NRS 433.5496Use of mechanical restraint on consumer other than consumer of
forensic facility; requirements; exceptions; report as denial of rights.

1. Except as otherwise provided in
subsections 2 and 4, mechanical restraint may be used on a person with a
disability who is a consumer only if:

(a) An emergency exists that necessitates the use
of mechanical restraint;

(b) A medical order authorizing the use of
mechanical restraint is obtained from the consumer’s treating physician before
the application of the mechanical restraint or not later than 15 minutes after
the application of the mechanical restraint;

(c) The physician who signed the order required
pursuant to paragraph (b) or the attending physician examines the consumer not
later than 1 working day immediately after the application of the mechanical
restraint;

(d) The mechanical restraint is applied by a
member of the staff of the facility who is trained and qualified to apply
mechanical restraint;

(e) The consumer is given the opportunity to move
and exercise the parts of his or her body that are restrained at least 10
minutes per every 60 minutes of restraint;

(f) A member of the staff of the facility lessens
or discontinues the restraint every 15 minutes to determine whether the
consumer will stop or control his or her inappropriate behavior without the use
of the restraint;

(g) The record of the consumer contains a
notation that includes the time of day that the restraint was lessened or
discontinued pursuant to paragraph (f), the response of the consumer and the
response of the member of the staff of the facility who applied the mechanical
restraint;

(h) A member of the staff of the facility
continuously monitors the consumer during the time that mechanical restraint is
used on the consumer; and

(i) The mechanical restraint is used only for the
period that is necessary to contain the behavior of the consumer so that the
consumer is no longer an immediate threat of causing physical injury to himself
or herself or others or causing severe property damage.

2. Mechanical restraint may be used on a
person with a disability who is a consumer and the provisions of subsection 1
do not apply if the mechanical restraint is used to:

(a) Treat the medical needs of a consumer;

(b) Protect a consumer who is known to be at risk
of injury to himself or herself because the consumer lacks coordination or
suffers from frequent loss of consciousness;

(c) Provide proper body alignment to a consumer;
or

(d) Position a consumer who has physical
disabilities in a manner prescribed in the consumer’s plan of services.

3. If mechanical restraint is used on a
person with a disability who is a consumer in an emergency, the use of the
procedure must be reported as a denial of rights pursuant to NRS 433.534 or 435.610,
as applicable, regardless of whether the use of the procedure is authorized by
statute. The report must be made not later than 1 working day after the
procedure is used.

4. The provisions of this section do not
apply to a forensic facility, as that term is defined in subsection 5 of NRS 433.5499.

1. Except as otherwise provided in
subsection 3, mechanical restraint may be used on a person with a disability
who is a consumer of a forensic facility only if:

(a) An emergency exists that necessitates the use
of the mechanical restraint;

(b) The consumer’s behavior presents an imminent
threat of causing physical injury to himself or herself or to others or causing
severe property damage and less restrictive measures have failed to modify the
consumer’s behavior;

(c) The consumer is in the care of the facility
but not on the premises of the facility and mechanical restraint is necessary
to ensure security; or

(d) The consumer is in the process of being
transported to another location and mechanical restraint is necessary to ensure
security.

2. If mechanical restraint is used
pursuant to subsection 1, the forensic facility shall ensure that:

(a) The mechanical restraint is applied by a
member of the staff of the facility who is trained and qualified to apply
mechanical restraint;

(b) A member of the staff of the facility
continuously monitors the consumer during the time that mechanical restraint is
used on the consumer;

(c) The record of the consumer contains a
notation that indicates the time period during which the restraint was used and
the circumstances warranting the restraint; and

(d) The mechanical restraint is used only for the
period that is necessary.

3. Mechanical restraint may be used on a
person with a disability who is a consumer of a forensic facility, and the
provisions of subsections 1 and 2 do not apply if the mechanical restraint is
used to:

(a) Treat the medical needs of a consumer;

(b) Protect a consumer who is known to be at risk
of injury to himself or herself because the consumer lacks coordination or
suffers from frequent loss of consciousness;

(c) Provide proper body alignment to a consumer;
or

(d) Position a consumer who has physical
disabilities in a manner prescribed in the consumer’s plan of services.

4. If mechanical restraint is used in an
emergency on a person with a disability who is a consumer of a forensic
facility, the use of the procedure must be reported as a denial of rights
pursuant to NRS 433.534 or 435.610, as applicable, regardless of
whether the use of the procedure is authorized by statute. The report must be
made not later than 1 working day after the procedure is used.

5. As used in this section, “forensic
facility” means a secure facility of the Division for offenders and defendants
with a mental disorder who are ordered to the facility pursuant to chapter 178 of NRS.

NRS 433.5503Use of chemical restraint on consumer; requirements; report as
denial of rights.

1. Chemical restraint may only be used on
a person with a disability who is a consumer if:

(a) The consumer has been diagnosed as mentally
ill, as defined in NRS 433A.115, and
is receiving mental health services from a facility;

(b) The chemical restraint is administered to the
consumer while he or she is under the care of the facility;

(c) An emergency exists that necessitates the use
of chemical restraint;

(d) A medical order authorizing the use of
chemical restraint is obtained from the consumer’s attending physician or
psychiatrist;

(e) The physician or psychiatrist who signed the
order required pursuant to paragraph (d) examines the consumer not later than 1
working day immediately after the administration of the chemical restraint; and

(f) The chemical restraint is administered by a
person licensed to administer medication.

2. If chemical restraint is used on a
person with a disability who is a consumer, the use of the procedure must be
reported as a denial of rights pursuant to NRS 433.534
or 435.610, as applicable, regardless
of whether the use of the procedure is authorized by statute. The report must
be made not later than 1 working day after the procedure is used.

NRS 433.5506Facility required to develop program of education in positive
behavioral interventions and supports; facility required to train certain
members of staff to use physical, mechanical and chemical restraint.

1. Each facility shall develop a program
of education for the members of the staff of the facility to provide
instruction in positive behavioral interventions and positive behavioral
supports that:

(a) Includes positive methods to modify the
environment of consumers to promote adaptive behavior and reduce the occurrence
of inappropriate behavior;

(b) Includes methods to teach skills to consumers
so that consumers can replace inappropriate behavior with adaptive behavior;

(c) Includes methods to enhance a consumer’s
independence and quality of life;

(d) Includes the use of the least intrusive
methods to respond to and reinforce the behavior of consumers; and

(e) Offers a process for designing interventions
based upon the consumer that are focused on promoting appropriate changes in
behavior as well as enhancing the overall quality of life for the consumer.

2. Each facility shall provide appropriate
training for the members of the staff of the facility who are authorized to
carry out and monitor physical restraint, mechanical restraint and chemical
restraint to ensure that those members of the staff are competent and qualified
to carry out the procedures in accordance with NRS
433.545 to 433.551, inclusive.

NRS 433.551Facility required to report violations to Division and to
develop corrective plan; Division required to forward corrective plan to
Director of Department; power of Department to withhold funding.

1. A facility where a violation of the
provisions of NRS 433.545 to 433.551,
inclusive, occurs shall:

(a) Not later than 24 hours after a violation
occurs, or as soon thereafter as the violation is discovered, report the
violation to the Division; and

(b) Develop, in cooperation with the Division, a
corrective plan to ensure that within 30 calendar days after the violation
occurred, appropriate action is taken by the facility to prevent future
violations.

2. The Division shall forward the plan to
the Director of the Department. The Director or the Director’s designee shall
review the plan to ensure that it complies with applicable federal law and the
statutes and regulations of this state. The Director or the designee may
require appropriate revision of the plan to ensure compliance.

3. If the facility where the violation
occurred does not meet the requirements of the plan to the satisfaction of the
Director or the designee, the Department may withhold funding for the facility
until the facility meets the requirements of the plan.

NRS 433.554Abuse of consumer; failure to report abuse; possession or use of
intoxicating beverage or controlled substance; transaction with consumer;
aiding escape of consumer; penalties.

1. An employee of a public or private
mental health facility or any other person, except a consumer, who:

(a) Has reason to believe that a consumer of the
Division or of a private facility offering mental health services has been or
is being abused or neglected and fails to report it;

(b) Brings intoxicating beverages or a controlled
substance into any division facility occupied by consumers unless specifically
authorized to do so by the administrative officer or a staff physician of the
facility;

(c) Is under the influence of liquor or a
controlled substance while employed in contact with consumers, unless in
accordance with a lawfully issued prescription;

(d) Enters into any transaction with a consumer
involving the transfer of money or property for personal use or gain at the
expense of the consumer; or

(e) Contrives the escape, elopement or absence of
a consumer,

Ê is guilty of
a misdemeanor, in addition to any other penalties provided by law.

2. In addition to any other penalties
provided by law, an employee of a public or private mental health facility or
any other person, except a consumer, who willfully abuses or neglects a
consumer:

(a) For a first violation that does not result in
substantial bodily harm to the consumer, is guilty of a gross misdemeanor.

(b) For a first violation that results in
substantial bodily harm to the consumer, is guilty of a category B felony.

(c) For a second or subsequent violation, is
guilty of a category B felony.

Ê A person
convicted of a category B felony pursuant to this section shall be punished by
imprisonment in the state prison for a minimum term of not less than 1 year and
a maximum term of not more than 6 years, or by a fine of not more than $5,000,
or by both fine and imprisonment.

3. A person who is convicted pursuant to
this section is ineligible for 5 years for appointment to or employment in a
position in the state service and, if the person is an officer or employee of
the State, the person forfeits his or her office or position.

4. A conviction pursuant to this section
is, when applicable, grounds for disciplinary action against the person so
convicted and the facility where the violation occurred. The Division may recommend
to the appropriate agency or board the suspension or revocation of the
professional license, registration, certificate or permit of a person convicted
pursuant to this section.

5. For the purposes of this section:

(a) “Abuse” means any willful and unjustified
infliction of pain, injury or mental anguish upon a consumer, including, but
not limited to:

(4) The use of physical, chemical or
mechanical restraints or the use of seclusion in violation of federal law.

Ê Any act
which meets the standard of practice for care and treatment does not constitute
abuse.

(b) “Consumer” includes any person who seeks, on
the person’s own or others’ initiative, and can benefit from, care, treatment
and training in a public or private institution or facility offering mental
health services, or from treatment to competency in a public or private
institution or facility offering mental health services. The term includes a
consumer of the Division of Child and Family Services of the Department.

(c) “Neglect” means any omission to act which
causes injury to a consumer or which places the consumer at risk of injury,
including, but not limited to, the failure to follow:

(1) An appropriate plan of treatment to
which the consumer has consented; and

(2) The policies of the facility for the
care and treatment of consumers.

Ê Any omission
to act which meets the standard of practice for care and treatment does not
constitute neglect.

(d) “Standard of practice” means the skill and
care ordinarily exercised by prudent professional personnel engaged in health
care.

NRS 433.564Unlawful sale or transfer of intoxicating beverage on grounds of
division facility.

1. Any person who, on the grounds of a
division facility, sells, barters, exchanges or in any manner disposes of any
spirituous or malt liquor or beverage to any person lawfully confined in the
division facility is guilty of a gross misdemeanor.

2. This section does not apply to any
physician prescribing or furnishing liquor to the person when the liquor is
prescribed or furnished for medicinal purposes only.

(Added to NRS by 1975, 1599)

MISCELLANEOUS PROVISIONS

NRS 433.801Return of prescription drug to dispensing pharmacy for
reissuance or transfer of drug; reissuance or transfer of drug by dispensing
pharmacy; regulations.

1. A public or private mental health
facility may return a prescription drug that is dispensed to a patient of the
facility, but will not be used by that patient, to the dispensing pharmacy for
the purpose of reissuing the drug to fill other prescriptions for patients in
that facility or for the purpose of transferring the drug to a nonprofit
pharmacy designated by the State Board of Pharmacy pursuant to NRS 639.2676 if:

(a) The drug is not a controlled substance;

(b) The drug is dispensed in a unit dose, in
individually sealed doses or in a bottle that is sealed by the manufacturer of
the drug;

(c) The drug is returned unopened and sealed in
the original manufacturer’s packaging or bottle;

(d) The usefulness of the drug has not expired;

(e) The packaging or bottle contains the
expiration date of the usefulness of the drug; and

(f) The name of the patient for whom the drug was
originally prescribed, the prescription number and any other identifying marks
are obliterated from the packaging or bottle before the return of the drug.

2. A dispensing pharmacy to which a drug
is returned pursuant to this section may:

(a) Reissue the drug to fill other prescriptions
for patients in the same facility if the registered pharmacist of the pharmacy
determines that the drug is suitable for that purpose in accordance with
standards adopted by the State Board of Pharmacy pursuant to subsection 5; or

(b) Transfer the drug to a nonprofit pharmacy
designated by the State Board of Pharmacy pursuant to NRS 639.2676.

3. No drug that is returned to a
dispensing pharmacy pursuant to this section may be used to fill other
prescriptions more than one time.

4. A mental health facility shall adopt
written procedures for returning drugs to a dispensing pharmacy pursuant to
this section. The procedures must:

(a) Provide appropriate safeguards for ensuring
that the drugs are not compromised or illegally diverted during their return.

(b) Require the maintenance and retention of such
records relating to the return of such drugs as are required by the State Board
of Pharmacy.

(c) Be approved by the State Board of Pharmacy.

5. The State Board of Pharmacy shall adopt
such regulations as are necessary to carry out the provisions of this section,
including, without limitation, requirements for:

(a) Returning and reissuing such drugs pursuant
to the provisions of this section.

(b) Transferring drugs to a nonprofit pharmacy
pursuant to the provisions of this section and NRS 639.2676.

(c) Maintaining records relating to the return
and the use of such drugs to fill other prescriptions.